These general terms and conditions apply to the business transactions of travel agencies, tour operators, OTAs and travel portal customers
- hereinafter referred to as agency -
team reisen GmbH (DTT Das Ticket Team) and the DTT subcontractors
- hereinafter referred to as DTT -.
Principles of business cooperation are regulated in section A.
The special provisions of Section B apply to the processing of booking orders for scheduled air transport .
For the processing of booking orders for accommodation , the regulations in Section C shall apply in addition.
The regulations in section D apply to the brokerage of rental vehicles . For the mediation of package tours , the regulations in section E apply.
Section A - Principles of business cooperation
1.1 DTT subcontractors
DTT subcontractors are the companies affiliated with DTT pursuant to §§ 15 ff. AktG (German Stock Corporation Act), which support DTT internally as subcontractors in the performance of their contracts.
BSP is the Billing and Settlement Plan of IATA.
IATA is the International Air Transport Association.
Customer is the client of the agency, i.e. the natural or legal person who wishes to make use of specific travel services of service providers himself or through third parties and who, for this purpose, instructs the agency to arrange a corresponding booking.
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The person entitled to services is the person in whose name the respective booking is made.
1.6 Service provider
The service provider is the natural or legal person who offers a travel service or associated travel services in the contractual chain and provides these to the entitled person. Service providers are in particular airlines, other carriers, hotels, rental car companies and providers of other travel services.
1.7 Service relationship
The service relationship is the legal relationship existing between the beneficiary and the service provider.
2 General Provisions
2.1 Scope of Application
2.1.1 The following General Terms and Conditions ("GTC") apply to the business relationship between Team reisen GmbH and its subcontractors and the agency, which is an entrepreneur in the sense of § 14 BGB. Any conflicting or deviating terms and conditions of the agency are hereby not accepted by DTT, unless DTT has expressly agreed to their validity in writing.
2.1.2 Individual agreements made with the agency in individual cases (including subsidiary agreements, supplements and amendments) shall in any case take precedence over these General Terms and Conditions. Unless otherwise agreed, such agreements shall require a written contract or written confirmation by DTT.
2.1.3 Insofar as individual DTT subcontractors establish direct contractual relationships with the agency, these General Terms and Conditions shall apply to this contractual relationship, as well as any prior agreements made between them, insofar as these do not deviate to the detriment of DTT.
2.1.4 The agency framework contract or individual contract concluded between DTT and the agency shall be supplemented by these GTC. If individual agreements therein deviate from these GTC, they shall take precedence over the provisions of these GTC.
2.2 Subject matter of the contract
2.2.1 DTT fulfils individual agency agreements on the basis of the agency framework agreement in that DTT carries out the specific booking orders placed with it by the agency via the contractual services regulated in these General Terms and Conditions.
2.2.2 For this purpose, DTT shall provide information about currently available travel services and their respective prices as well as the necessary booking and reservation procedures, including by electronic means.
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2.2.3 The contract between the beneficiary and the service provider comes into effect with the booking confirmation as acceptance of the contract. The GTC of the service provider used in each case apply to this service relationship. The agency has to point this out to the beneficiary. These are to be made accessible to him.
2.2.4 No contractual relationship shall be established between DTT and the agency's client.
2.3 Services outside the scope of application of the GTCs
2.3.1 The service relationship is established between the booking party as the person entitled to the service or on behalf of the person entitled to the service and the respective service provider, taking into account the terms and conditions of the service provider agreed for this purpose.
2.3.2 DTT does not act as a tour operator, but as an intermediary, as DTT only arranges individual travel services on the basis of booking orders from the agency, including related services where applicable, but does not put them together for the beneficiary.
2.3.3 It is the responsibility of the agency to inform its clients about country-specific regulations and entry requirements, without DTT assuming any obligations in this regard.
2.4Additional services are services which DTT provides in connection with the booking order, these are additional services to the main service and share the fate of the main service for VAT purposes.
3. booking procedure and conclusion of contract
3.1.The agency shall use the portal offered by DTT and/or its own portal for the booking and reservation procedure.
and/or its own GDS for the booking and reservation procedure.
3.2.The portal provided by DTT shall be used to display to the agency the available travel services, the current prices and conditions of the travel services and the fees charged by DTT.
3.3.The agency is obliged to provide all information necessary for a booking completely and clearly. The agency can only pass on a client's booking order to DTT for processing if it has checked the following requirements:
(i) on its part, with commercial diligence, the preconditions for accepting the order;
(ii) the agreed payment processing, taking into account the agreed assignment. Assignment within the meaning of this Clause 3.3 is the contractual transfer of the claims which the Agency has against the Clients to DTT as security for DTT's remuneration claims against the Agency; and
(iii) the securing of payment in favour of DTT. The agency shall always check booking confirmations for correctness and completeness.
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3.4 The agency shall comply with the special due diligence obligations of the credit card agreement, as amended from time to time, especially if the customer is not personally known. In addition, it shall observe the provisions of the issuing card issuing institution. The Agency may only accept cards from such institutions that are accepted by the respective service provider booked. In doing so, as with other payment methods, the agency shall take reasonable precautions to ensure that payment is guaranteed and can be properly processed. The agency is obliged to inform DTT immediately in case of irregularities and anomalies as well as to submit all necessary documents and records in connection with these irregularities and anomalies immediately.
3.5.If DTT has performed the order placed by the Agency, DTT shall be entitled to invoice the Agency without delay. The Agency shall be liable to DTT for the performance of the contract between the Agency and the Beneficiary and thus for the payment of the agreed fees.
3.6 All service and participation conditions mentioned in the offers and the booking confirmations, especially restrictions in the group of participants (e.g. age restrictions), country-specific particularities and required proofs of a certain customer status are to be recognized as binding by the agency and to be observed. The agency has to point this out to the beneficiaries. Documented entitlement certificates, such as airline tickets, vouchers, etc., are exclusively valid for the person for whom they are issued.
4.1 TheAgency is entitled to make reservations for the services booked by its customers,
if the Provider makes this possible. With the reservation the claim for payment against the Agency arises.
4.2The reservation is binding for the agency when DTT or the DTT subcontractor appointed by it confirms it. If the reservation is made directly in the system of the service provider by forwarding from the DTT portal, the reservation shall be confirmed directly by the service provider. Otherwise, the reservation becomes binding as soon as the agency forwards it to DTT for processing and DTT has successfully completed and confirmed the reservation. The service can only be requested after full payment has been made and can be used at the times shown and contractually agreed.
4.3.If prices are stated in the reservation confirmation, they are binding for the final booking. The prices used by the agency in the reservation are not binding, unless DTT has confirmed them.
4.4.The agency is obliged to check the reservation for correctness and completeness and to keep the reservation deadline.
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4.5.If the service is not accepted or cancelled in a permissible manner, the GTC of the respective service provider apply for this and for the legal consequences triggered by this. The agency shall indemnify DTT and reimburse DTT for any expenses incurred by DTT in reliance on the validity of the booking. As a rule, rebooking or cancellation fees will be charged, which may vary depending on the service provider, the type of service and the time of service. 5.
5 Complaints, Rebooking and Cancellation
5.1Complaints by the beneficiary must be made to the service provider if the service relationship is affected.
the benefit relationship is affected. If the agency receives complaints or recourse claims from the beneficiary and if the agency itself is unable to process the case conclusively, the agency is obliged to forward the case to DTT without delay. DTT agrees, but is not obligated, to forward complaints and recourse claims received to the responsible office at the service provider.
5.2In the case of rebookings or cancellations of bookings, the agency shall observe the same standards of care as for the booking itself. In addition, it shall observe reasonable lead times for carrying out rebooking and cancellation requests where rebooking or cancellation conditions provide for different refunds or charges for different periods in order to keep rebooking and cancellation charges as low as possible. The fees and charges charged by DTT for the booking are non-refundable. DTT will charge the agency a fee for the processing of the rebooking or cancellation as shown for the specific case.
5.3 If DTT has been charged the amount of the service fees by the service provider without having received the fee to be paid by the agency itself, DTT shall be entitled to set off any existing claim for payment or damages against any existing claims of the agency. If the client has not paid the fee owed by him to the agency, DTT shall retain its claim for payment for the services invoiced to the agency. DTT shall be entitled to a right of retention until the final settlement of the transactions from clause 5.1 and clause 5.2.
6. deficiencies of the agency service
6.1 All claims and obligations arising from the service relationship exist directly and exclusively between the service provider and the beneficiary. The agency has to point this out to the customer.
6.2The agency shall immediately notify DTT in text form of any deficiencies in the mediation service. In the case of defects, the agency shall set DTT a reasonable deadline for the rectification of the defect.
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6.3.In case of deficiencies in the mediation service, the beneficiary has to contact the agency as the primary service mediator. DTT shall only accept notifications of defects from the agency which it receives from the beneficiary if the defects relate to DTT's mediation service or if DTT has expressly agreed in text form with the agency in the individual case to forward the beneficiary's notification of defects arising from the service relationship to the service provider. In all cases, the service relationship between the beneficiary and the service provider shall remain unaffected; in particular, DTT shall not assume any obligations arising from the service relationship. 7.
7. delivery of the service documents and dispatch of invoices
7.1.The delivery of the travel documents by the agency to the beneficiary may only take place after full payment of the contractually agreed remuneration and forwarding to the payee. The agency shall be liable to DTT for the full amount of the invoice if it fails to meet this obligation.
7.2.In case of loss of an original service voucher, which is characterized by the fact that it is the originally created and only document entitling the service beneficiary to claim the respective disposition document for the respective travel service, the loss of this entitlement document must be immediately reported to DTT or the service provider. The procedures specified by the service provider, formalities of the lost ticket procedure, must be observed.
7.3.Invoices between DTT and the agency are sent by e-mail. The dispatch of an original invoice in paper form is generally possible by DTT by post, for a fee of 5.00 Euro plus statutory VAT per transaction, and must, however, be indicated in advance when the ticket order is placed.
8. payment processing
8.1 The agency is liable to pay DTT on the basis of the orders placed by it.
By issuing an invoice, DTT confirms that DTT has fulfilled the order placed.
8.2Invoices are due upon receipt, unless otherwise agreed. Insofar as the agency forwards this invoice to its clients, it shall assign the claim from the invoice to DTT on account of performance. DTT accepts the transfer of this claim in advance with the proviso that DTT shall be entitled to disclose the assignment of the claim at any time, and the agency shall be entitled to collect the claim on behalf of DTT, provided that the claim has not yet been asserted by DTT. The agency shall be obliged to forward the third-party money collected to DTT in this respect.
8.3 The agency shall not be entitled to reverse the amount collected by DTT on its own authority. However, the agency shall be entitled to instruct its credit institution not to honour direct debits until the due date. DTT and the agency agree on a permanent reduction of the advance notice (prenotification) of a pending direct debit to one day.
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8.4Insofar as the agency has a claim against DTT for remuneration from a contractual relationship existing between DTT and the agency (e.g. the agency contract), the agency shall be entitled to offset the payment amount intended for DTT against its claim for remuneration if the current account kept for the agency in accordance with § 355 of the German Commercial Code (HGB) does not show any arrears.
8.5 In order tofulfil the claim for remuneration to which the Agency is entitled, DTT may either arrange for a proper, verifiable credit note or the Agency may issue a corresponding proper, verifiable invoice.
9 Special obligations of the agency
9.1 The agency undertakes to act with the diligence of a prudent businessman when fulfilling the order towards its clients and towards DTT. The agency shall comply with the following obligations:
- to transfer the payments collected in trust to the entitled party or to keep them ready for debiting;
- to observe the specifications for booking and payment transactions as well as those for processing in the event of disruptions, complaints and for rebookings and cancellations, to check confirmations in booking processing and to use the verification options provided;
- to deny unauthorised persons, in particular other agencies, access to the booking procedure and to protect login data.
- to seek immediate clarification via DTT in the event of any ambiguities in booking and payment transactions;
- to comply with the provisions contained in the credit card agreement regarding payments by credit card, in particular in the mail order procedure, and to inform the client that credit card data will be passed on to the service provider or to DTT for the purpose of debiting the individual transaction invoice amounts and to obtain the client's consent to this use;
- in the case of credit card payment transactions, to observe the general terms and conditions of the institutions whose cards it can accept in business transactions as a means of payment in accordance with the specifications of the service providers. The credit card agreement is an integral part of the contract;
- to observe the statutory provisions on data protection as well as the provisions on the protection of business secrets and in the transmission of data and information and to ensure compliance therewith
- to point out to the Beneficiary that the General Terms and Conditions of the Service Provider apply to the contract with the Service Provider, unless a separate agreement has been reached between them. These General Terms and Conditions shall be made available to the beneficiary. If any ambiguities arise from this, the agency is obliged to bring about the necessary clarification via DTT and / or the service provider.
- The agency is obliged to regularly call up information which DTT distributes on the extranet (news) and by email and to conscientiously apply this information in the consultation process or in the further processing of reservations or bookings.
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9.2.All information, prices, price lists, data, bookings or other contract internals provided by DTT to the agency, which are not publicly published, are confidential information. Any disclosure to other agencies, service providers or competitors is expressly prohibited. Price lists, details of the service content and information on the service provider are to be used exclusively for customer advice, whereby only the prices including the respective booking surcharges may be made known to the customer. This obligation shall not apply to such information with regard to which the Agency can prove that:
- they are publicly known at the time of disclosure and this circumstance is not due to any misconduct on the part of the Agency;
- it has come to the knowledge of the Agency by means other than DTT or DTT's subcontractors, without any direct or indirect breach of any duty of confidentiality owed to DTT, and that there was no right to disclose such information;
- Agency is required by law or governmental order to disclose, provided that Agency has first notified DTT in writing of the intended disclosure and has taken such precautions as are lawful and reasonable to prevent the disclosure or, if that is not possible, to minimize the extent of the disclosure.
9.3.The Agency shall have a special duty of examination with regard to the booking orders placed with it by its customers, which shall arise on the one hand from its proximity to the customer and on the other hand from its knowledge of the circumstances of the booking. In this context, the agency shall particularly check unusual processes, in particular in the mail order procedure or in the Internet booking system, and, if necessary, take appropriate measures to prevent damage to DTT. If it breaches this obligation in an attributable and culpable manner, it shall be liable to DTT for compensation for any resulting damage. If actual indications give reason to suspect that a booking is an attempt at fraud or other damaging behaviour, the agency shall refuse the order. In addition, the agency shall always obtain certainty as to the legal capacity of its clients. DTT's claim for payment of the agreed service fee against the agency shall remain valid in the event of non-compliance with the above-mentioned verification obligations.
10.1 The agency shall be liable in the following cases:
- for the improper handling of the tasks, duties of clarification and due diligence incumbent upon it in the booking process and payment transactions, as well as for errors arising from the fact that the Agency violates its duties of cooperation, verification and due diligence in the processing of bookings or fails to comply with these in a timely and proactive manner;
- for disadvantages incurred by DTT and, if applicable, its contractual partners (e.g. service providers) as a result of the agency processing the booking order without carrying out the checks prescribed in clause 9.3. or despite the existence of indications which give rise to a suspicion that a booking is an attempt at fraud or other damaging behaviour;
- for damages incurred by DTT as a result of the breach of a primary or secondary performance obligation of the agency or its vicarious agents.
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10.2 DTT is liable for the proper processing of the mediation, booking or reservation services on the basis of the disclosed data and within the framework of the respective applicable regulations for this service. Any liability on the part of DTT for the presentation and implementation of the tariffs in the Internet Booking Engine ("IBE") of the respective operator, as well as for errors in the IBE, in particular incorrect settings in the IBE, is expressly excluded, insofar as DTT is not compulsorily liable in accordance with Clause 10.3.
10.3 DTT shall only be liable in the case of intent and gross negligence as well as for damages resulting from injury to life, body or health in accordance with the statutory regulations. In the event of slight negligence, DTT shall only be liable for the breach of an essential contractual obligation (cardinal obligation), the fulfilment of which is a prerequisite for the proper execution of the contract and on the observance of which the agency may regularly rely. In this case, the liability is limited to the amount of the foreseeable damage, which can typically be expected to occur. Otherwise DTT shall not be liable in the case of slight negligence. The above provisions shall also apply in favour of DTT's legal representatives and vicarious agents. Liability based on mandatory legal regulations remains unaffected by the above regulations.
11. amendment of these general terms and conditions
11.1 DTT shall have the right to update these General Terms and Conditions due to changes in the law, changes in jurisdiction, changes in economic circumstances or for similar factual reasons. 11.2 In this case, DTT shall inform the customer of the changes.
11.2 In this case, DTT shall inform the Agency of the new GTC in good time, but at least 6 (six) weeks before they come into force, in text form (e.g. e-mail or fax) as well as on the booking platform. The agency is entitled to object to the changes with a notice period of 2 (two) weeks before the changes come into effect and thus to terminate the contractual relationship extraordinarily. If the agency does not object, its contractual relationship with DTT shall continue to exist with the inclusion of the amended GTC. In the notification DTT shall point out to the agency its extraordinary right of termination as well as the fact that the amended GTC shall be deemed to have been agreed between them if the agency does not object to the amended GTC within the period for extraordinary termination.
12 Final Provisions
12.1 In the event of the invalidity or ineffectiveness of one or more provisions, the validity of the remaining provisions shall remain unaffected.
the effectiveness of these AGB in the remainder remains untouched. In the event that a loophole exists or arises due to the fact that a provision is invalid or void which is not covered by a statutory provision, DTT and the agency undertake to replace the missing provision with a contractual provision which corresponds to the concurring will of the parties.
12.2 German law shall apply to the exclusion of international reference standards. The place of performance and jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Berlin. This also applies if the agency has its registered office in another member state of the EU or in a third country.
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Section B - Processing of Booking Orders for Transportation by Scheduled Air Services
1. principles of the handling of bookings for air transport
1.1.The provisions of section A shall apply in addition to the provisions of section B for air transport.
A shall apply in addition to the provisions set out in section A, unless special provisions are made below.
1.2Furthermore, the regulations of the BSP shall apply, which, due to their comprehensive and clarifying content, shall also be used as a basis for non-IATA airlines in order to simplify processing.
1.3 Theagency undertakes to use DTT's online booking systems, which are approved and available by IATA, for the booking, reservation, rebooking and cancellation process, in compliance with the contractual provisions applicable to them. The booking details must correspond to the subject matter of the service agreed with the agency's client. Upon receipt of the booking order transmitted to DTT, the agency shall issue the order to DTT for the creation of the flight ticket. The execution of the booking order by DTT includes the binding reservation of the transport service ordered and the creation of the flight documents in electronic form. The contract of carriage is concluded with the content of the booking confirmation, which may be combined with the invoice.
1.4In principle, the agency is not an agent for the transport service, but acts for its client within the framework of an agency agreement, in which it involves DTT as an IATA-licensed consolidator for the technical processing and booking of the flight ticket. The administration of the booking order is the responsibility of the agency.
1.5The agency shall transmit the booking orders issued to it by its clients to DTT. As long as DTT has not received them, DTT is not obliged to perform. DTT shall forward the client's declaration as a messenger of declaration to the service provider for ordering or reserving the transport service and for issuing the flight tickets.
1.6.The agency is advised that DTT shall always pay the fee for the booked air ticket to BSP, whose services are used by IATA for billing and collection/debit in the interest of the respective booked airline, regardless of whether DTT receives payment from its client.
1.7.The Agency expressly acknowledges that it shall forward to DTT any incoming payments claimed by DTT on account of an assignment on account of performance.
2 DTT Tariff Database
2.1.The Agency shall receive from DTT, in accordance with the provisions of the Agency Framework Agreement and during its term of validity, the simple, non-sublicensable, non-transferable right, limited to the location of the Agency's branch office, to use - depending on the agreement - the tariff databases in whole or in part, also for the purpose of customer consulting. The Agency is not entitled to edit or supplement the contents of the tariff databases. Further not permitted are in particular:
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- the duplication and use of tariff database contents for persons not entitled to use them as well as for purposes of use not covered by the agency framework agreement or these GTC;
- a transfer of substantial parts of the Tariff Database Content in pursuit of a purpose other than that described above, irrespective of the type of information carrier/file format;
- the systematic and methodical transfer of the Tariff Database Content (including parts which are insignificant in terms of their nature and scope) into another system or into the database of a third party or comparable actions which run counter to a normal evaluation of the Tariff Database or which unreasonably prejudice the legitimate interests of DTT.
2.2The Tariff Databases are provided by DTT either directly or mediated via other suppliers, such as an IBE (see point 3 below) or computer reservation systems ("CRS"). The scope and content of fare databases may vary for different users. The Agency has no claim to constant availability of the fare database, in particular not to its use in the event of short- or long-term failures, nor to complete display of all fares.
2.3The permission to use the tariff database shall be deemed to have been granted upon conclusion of the agency framework agreement, unless the use of the tariff database has been contractually excluded.
2.4DTT may demand additional remuneration for the use of certain databases. This remuneration shall be agreed in each individual case. Section 2.1 shall apply accordingly to the rights of use, unless otherwise agreed. The permission to use shall end with the termination of the agency framework agreement (e.g. by notice of termination) or in the event of a considerable delay in payment on the part of the agency.
2.5.The use of the databases regulated in this clause 2 can be granted to the Agency by DTT after internal commercial and, if necessary, legally prescribed examination of the Agency and can be terminated at any time vis-à-vis the Agency with a notice period of 4 weeks to the end of the month. In the event of termination, DTT may submit an offer to the agency for future use of the IBE subject to a charge.
3.1Insofar as the agency has its own IBE in use, the tariff data of DTT shall be transmitted via the IBE of the respective IBE provider to DTT.
of the respective IBE provider. Subject to clause 3.4, the Agency shall conclude a contract with the respective IBE provider. Due to the complexity of the different IBEs used, the Agency shall remain obliged to cooperate to a reasonable extent. In particular, it shall be obliged to check all incoming bookings for correctness and completeness and to report any errors to DTT without delay.
3.2 Bookingstransmitted to DTT via a third party IBE shall be deemed a binding order to issue a corresponding flight ticket. It is prohibited to cancel bookings for the sole purpose of re-booking the bookings on one's own systems in order to circumvent airline fare restrictions and/or to use the IBE merely for the purpose of providing information about or displaying fares without carrying out a concrete booking transaction.
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3.3.Where DTT provides fares via a third party IBE which are subject to restrictions, the agency shall ensure compliance with such restrictions.
3.4.IBEs provided by DTT shall be supported by DTT and/or a DTT subcontractor appointed by DTT. The Agency shall be assisted in the administration of these systems by DTT and its designees. The above obligations (Clauses 3.1 and 3.2) of the Agency shall also apply here.
4. remuneration of the agency
4.1.Should the agency be active for service providers in individual cases - as a sub-agent of transport services - it shall be entitled to remuneration in accordance with the special provisions of DTT's remuneration regulations.
4.2.The service charges shall be invoiced differently, depending on whether IATA tariffs or consolidator tariffs are involved. In the case of IATA tariffs, DTT will invoice the agency for the final price to be paid by the client. In the case of so-called consolidator tariffs, DTT or the DTT subcontractor commissioned by it shall invoice the agency for the service provided. In this case, the agency is obliged to set the final price to its client independently.
4.3Payment shall be processed in accordance with the differentiation in item 4.2, whereby DTT shall, however, in principle remain authorized to debit the Agency's account by direct debit.
4.4.The prices confirmed by DTT or stated in its invoices are binding, unless deviating regulations apply. The current daily prices applicable at the time of ticketing shall apply to the assessment of the associated ancillary costs, such as taxes, security surcharge and/or fuel surcharge.
5 Reservation and Cancellation
5.1Cancellation of the flight reservation is only permitted in compliance with the relevant conditions and deadlines of the service provider and the procedure provided for this purpose. The cancellation fees to be charged shall be determined and levied by the Service Provider in accordance with its General Terms and Conditions. DTT has no influence on the amount of the cancellation fees to be charged. Issued authorization documents must be returned in the original, unless they were issued electronically. If the original documents are not returned and DTT therefore remains obliged to pay the flight charge in full or in part, the full service charge will be invoiced to the agency and paid to DTT. The agency is obliged to pay.
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5.2.If DTT has paid the flight fee but has not received payment from the agency, DTT is entitled to cancel the booking of the flight ticket. The agency shall make the payment within a period to be set by DTT. If the agency does not meet this obligation, DTT is entitled to cancel the booking. In this case, the agency is obliged to inform its clients about the cancellation of the transport service. The agency is obligated to compensate DTT for any damage incurred due to late payment.
6. special duties of the agency and liability 6.1. The agency is obliged:
6.1.1. to regularly inform itself about the applicable resolutions of IATA,
6.1.2. to comply with the provisions of the BSP and the specifications in the case of payment by credit card in accordance with the credit card agreement, in particular in the mail order procedure,
6.1.3. to inform the customer of the relevant GTC of the service provider and to provide them with the opportunity to take note of their contents,
6.1.4. to call up the information and recommendations issued by the service providers on a daily basis, including any country-specific peculiarities and formalities, and to inform the customer of them prior to departure, and
6.1.5. to observe any existing restrictions of the respective IBE.
6.2The agency is liable to DTT for all disadvantages resulting from the non-observance of the above mentioned obligations.
Section C - Booking of accommodation
1.1.For the booking of accomodation, the regulations made under section A apply in addition, as far as no special regulations have been
A shall apply to the booking of accommodation, insofar as no special provisions are made below.
1.2.DTT arranges accommodation contracts and reservation contracts between the agency's clients and the service providers. These can include pure accommodation as well as accommodation with additional services such as food, cleaning etc. (e.g. hotels). (e.g. hotels). DTT may in turn use other brokers or intermediaries for this purpose. DTT does not arrange its own contingents.
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1.3 DTTmediates the conclusion of accommodation contracts and reservation contracts for the available accommodation stored in its database, which the agency can book via the booking system made available to it or accepted by DTT. The displayed prices are binding. The accommodation contract or reservation contract shall always be concluded between the operator of the accommodation as the service provider and the client of the agency or the beneficiary or beneficiaries indicated by the latter, even if the operator has appointed a broker or intermediary acting on his behalf. The general terms and conditions of the respective service provider shall apply to the service relationship. The agency has to point out the GTCs to the customer and to give him the possibility to take note of their content.
1.4 Theaccommodation contract or reservation contract comes into effect with the content of the booking confirmation by DTT. The booking confirmation can be combined with the invoice.
2. remuneration of the agency
2.1.in relation to the beneficiary, the agency is considered to be an intermediary, which acts as a sub-intermediary for DTT.
DTT as a sub-agent. After fulfilling its contractual obligations as an intermediary, the agency shall be entitled to remuneration to be paid by DTT. This shall be agreed separately for each individual case.
Section D - Brokerage of rental vehicles
1. Subject matter
1.1 The provisions set out in Section A shall apply in addition to the brokerage of rental vehicles, insofar as no special provisions are set out below.
1.2 DTTarranges the conclusion of rental contracts and reservations for rental vehicles for clients of the agency. The available vehicles are compiled in a database and made available to the agency. A rental contract is always concluded between the lessor of the rental vehicle as the service provider for the booked vehicle and the client of the agency or the person entitled to benefits specified by him as the lessee. Bookings are always valid for a booked category and not for a specific vehicle model.
1.3The general terms and conditions of the respective service provider shall also apply to the service relationship. The Agency shall inform the Customer of these and provide him with the opportunity to take note of their content. The rental contract will be concluded directly on site between the customer/service provider and the car rental company in accordance with the respective terms and conditions of the service provider.
1.4 DTThas collection authority for the service fee due to the service provider. DTT grants the agency a collection sub-authorisation for the collection of the total price with the proviso that the agreed fees, as well as the cancellation costs incurred in the event of a booking cancellation, are collected in trust for DTT. The agency acknowledges that DTT is obliged to pay the service fee to the service provider. The right of the service provider to collect the service fees due to him from the contract with the beneficiary himself is not affected by this.
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2. delivery and loss of the service document
The loss of a voucher must be reported immediately to DTT or the service provider. The replacement of a voucher or the reimbursement of the fee already paid can only be claimed if the loss has been noted by the service provider and otherwise the conditions provided for this in accordance with the contractual agreements of the beneficiary with the service provider have been met.
The Agency shall inform the Client or the Beneficiary that a security deposit is payable before the vehicle is released. The amount is usually determined by taking into account the rental price, the equivalent value of a tank of petrol. The calculation also takes into account the amount of the excess in the event of damage, as well as the conclusion of comprehensive insurance.
4. special duties of the agency
The agency has to point out to its customer or the beneficiary that he has to be in possession of a valid driving licence as well as a valid driving permit and that he has to hand over a copy of his driving licence to the agency when requested by the car rental company. Furthermore, the agency must draw the customer's attention to national regulations in the case of cross-border traffic.
Section E - Brokerage of package tours 1. subject matter
1.1.The arrangements made under Section A shall apply in addition to the brokerage of package tours within the meaning of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel services, as well as of individual travel services bundled by the agency to form a package tour, insofar as no special provisions are made below.
1.2 DTT shall provide the agency with offers from service providers for package tours. The available package tours will be compiled in a database and made available to the agency. DTT shall only provide this database and shall not act as a tour operator according to § 651a paragraph 1 BGB (German Civil Code) or as a travel agent according to § 651v paragraph 1 BGB (German Civil Code) or as an agent for connected travel services according to § 651w paragraph 1 BGB (German Civil Code) and shall not assume any obligations in this respect.
1.3DTT shall also provide the agency with offers from service providers for individual travel services in the manner described in clause 1.2. section E. The agency is at liberty to make offers to service providers for individual travel services. The agency is at liberty to bundle these individual services into a package tour. In such a case, the Agency itself shall act as tour operator. It has to fulfil all legal obligations of a tour operator in this respect or other obligations resulting from §§ 651a ff. BGB (German Civil Code) itself and on its own responsibility.
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2. obligations in connection with the booking of package tours
2.1.The agency is obliged to fulfil the existing obligations in connection with the sale of package tours - in particular the corresponding handing over of documents as well as the conclusion of a corresponding insurance policy in the event that it acts as a tour operator itself - itself, without DTT being subject to any performance or monitoring obligations in this respect arising from the agency relationship.
2.2 The offers made available for retrieval as well as the duration of the provision are based on the offers of the service providers available to DTT. In particular, DTT is not obliged to make available to the agency certain package tours or certain individual travel services which the agency wishes to combine into a package tour. Likewise, DTT is not obliged to provide the agency with offers for a certain period of time or within the framework of a certain contingent.
Status: June 2021